THE AMITY INTERNATIONAL MOOT COURT

COMPETITION, 2023 TTC-30R

IN THE INTENATIONAL COURT OF JUSTICE

IN THE INTERNATIONAL COURT OF
JUSTICE

THE HAGUE,
THE
NETHERLANDS

THE CASE CONCERNING THE POLOMIAN CLIMATE REFUGEES

THE KINGDOM OF ANAMIA

APPLICANT
V.
THE KINGDOM OF RANANIA
RESPONDENT

JOINTLY NOTIFIED AND SUBMITTED IN THE REGISTRY OF

THE COURT UNDER ARTICLE 40(1) OF THE STATUTE OF ICJ

MEMORANDUM ON BEHALF OF THE RESPONDENT

[Document subtitle] STATE

--REPUBLIC OF RANANIA--
 MEMORANDUM FOR THE RESPONDENT
GENERAL SECTION

TABLE OF CONTENTS

PARTICULARS PAGE NO.

1. List of Abbreviations 3

2. Index of Authorities 4

3. Statement of Jurisdiction 5

4. Statement of Facts 6-7

5. Issues Raised 8

6. Summary of Pleadings 9-10

7. Arguments Advanced 11-18

8. Prayer 19

1
 LIST OF ABBREVIATIONS

ICJ International Court of Justice

ICESCR International Covenant on Economic, Social and Cultural Rights
COP Conference of the parties
UNCAT United Nations Convention Against Torture, Inhuman or
Degrading Treatment or Punishment
UNFCCC United Nations Framework Convention on Climate Change
OAU Organisation of African Unity
ICPPED International Convention for the Protection of All Persons from Enforced
Disappearance
UN United Nations
CBAM Carbon Border Adjustment Mechanism
GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights
TFEU Treaty on the Functioning of the European Union
ETS Emissions Trading System
MFN Most-Favored-Nation
WTO World Trade Organization
UNCTAD United Nations Conference on Trade and Development

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 INDEX OF AUTHORITIES

S. No. PARTICULARS Page No.

International Treaties, Conventions and other relevant
Documents
1. Refugee Convention

2. The Paris COP21 Agreement 10

3. Framework Convention on Climate Change (UNFCCC) 10

4. 1951 Convention 10

5. 1969 OAU Convention 11

6. Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT) 11
7. the International Convention for the Protection of All Persons from 11
Enforced Disappearance (ICPPED).
8. UN Human Rights Committee 12

9. General Agreement on Trade in Services (GATS) 13

10. General Agreement on Tariffs and trade(GATT) 13

11. Agreement on Trade-Related Aspects of Intellectual Property 13

Rights
12. Treaty on the Functioning of the European Union

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 STATEMENT OF JURISDICTION

The Kingdom of Anamia and the Kingdom of Ranania have agreed to submit the present
dispute to the Court for final resolution, by special agreement (Compromis) in the case
concerning the differences between the Applicant and the Respondent regarding Polomian
Climate Refugees and have transmitted a copy thereof to the Registrar of the Court
pursuant to Article 40(1) of the Statute of the ICJ 1. Therefore, both parties have accepted
the jurisdiction of the ICJ pursuant to article 38 of the Statute of the Court and the optional
clause Declaration made by both parties.
Article 38 of the Statute of International Court of Justice

1. The Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply:

a. international conventions, whether general or particular, establishing rules

expressly recognized by the contesting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. subject to the provisions of Article 59, judicial decisions and the teachings of
the most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex
aequo et bono, if the parties agree thereto.

Both parties shall accept the Court’s decision as final and binding and execute it in good
faith.

1
Cases are brought before the Court, as the case may be, either by the notification of the special
agreement or by a written application addressed to the Registrar. In either case the subject of the
dispute and the parties shall be indicated.

4
 STATEMENT OF FACTS

Ranania, a developed nation with robust industries, has faced significant challenges due
to extreme weather events and environmental degradation. Heatwaves have led to health
risks, strain on energy systems, and reduced agricultural productivity. To mitigate these
impacts, Ranania has implemented heatwave early warning systems, invested in
renewable energy sources, and promoted water conservation measures. Coast erosion and
rising sea levels have threatened infrastructure, coastal ecosystems, and tourism,
affecting public health and quality of life.

Ranania introduced the "Rananian Carbon Border Adjustment Regulation" to tackle

climate change, introducing a Carbon Border Adjustment Mechanism (CBAM) to
enforce carbon prices and ensure domestic industries have equal opportunities, while
preventing carbon leakage and adhering to international trade rules. Carbon leakage,
where Rananian businesses relocate carbon-intensive industries to non-Rananian nations
with laxer regulations, could lead to emissions being diverted outside Ranania, posing a
threat to global warming. The CBAM aims to balance carbon prices between domestic
and import products. As of the CBAM's implementation in 2026, importers from Ranania
will purchase carbon certificates equal to the carbon price that would have been paid had
the products been produced in accordance with Ranania's carbon pricing regulations.

However, if a non-Rananian manufacturer can demonstrate that they have already paid a
price for the carbon used in the manufacture of the imported goods in a third country, the
importer from Ranania can fully deduct the cost of that carbon. Therefore, by
encouraging producers in non-Rananian nations to green their production processes, the
CBAM will assist in lowering the risk of carbon leakage.

In order to ensure that the CBAM is implemented effectively, Ranania is committed to

communicating with industry stakeholders and third countries during the transition
period.

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Public authorities, business associations, corporations, and non-governmental
organisations (NGOs) have already been consulted during the mechanism's development,
and their opinions will still be sought after.

Ranania wants to collaborate with business and its partner nations to advance global
synergies, mutual understanding, and efficient decarbonisation strategies. By mid-2025,
the CBAM's application evaluation will be finished, defining the final implementation
methodology starting on January 1, 2026. Ranania is still dedicated to working with low-
and middle-income nations and offering technical support for the reduction of carbon
emissions in their manufacturing sectors

Climate change is causing a severe crisis in the Polomia island nation, with rising sea
levels and intensified cyclones causing erosion, submerging coastal communities, and
displacing many residents.Climate change has led to a mass exodus of the Polomia
population, with thousands seeking refuge in neighboring countries like Anamia and
Ranania. The challenge lies in accommodating and meeting the fundamental needs of the
displaced population.

Ranania has implemented stricter immigration policies due to the influx of Polomian
climate refugees. In February 2023, it automatically rejected asylum claims from
Polomia, leading to many returning to Polomia. Refugees who arrived after August 2022
face arrest under the Foreigners Act of 2023, in compliance with existing emigration and
refugee laws.
Ranania has rejected asylum claims due to the lack of clear provisions in international
law for climate refugees. The denial or deportation of climate refugees is crucial for the
protection of national security and public welfare.

Ranania is prioritizing the well-being of its citizens amid the potential strain on resources
and infrastructure caused by the large influx of climate refugees. To address climate-
induced displacement, comprehensive international agreements and consensus are
required. Both countries have committed to taking steps to mitigate the effects of climate
change.

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 ISSUES RAISED

I.

WHETHER POLOMIAN PEOPLE DISPLACED DUE TO

NATURAL DISASTERS AND CLIMATE CHANGE ARE
NOT “REFUGEES” UNDER THE INTERNATIONAL
LAW?

II.

WHETHER RANANIA’S STRICT IMMIGRATION

POLICIES, INCLUDING MEASURES FOR CLIMATE
REFUGEES, COMPLY WITH EMIGRATION AND
REFUGEE LAWS, UPHOLDING INTENATINAL LEGAL
OBLIGATIONS?

III.

WHETHER RANANIA’S CBAM IS WTO-COMPLIANT,

ALINGING WITH NON- DISCRIMINATION, TRADE
BARRIER, AND UNFAIR TRADE PRACTCE
PROVISIONS?

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 SUMMARY OF PLEADINGS

I. WHETHER POLOMIAN PEOPLE DISPLACED DUE TO

NATURAL DISASTERS AND CLIMATE CHANGE ARE NOT
“REFUGEES” UNDER THE INTERNATIONAL LAW?
It is humbly submitted to the court that Polomian people displaced due to natural
disasters and climate change are NOT ‘refugees’ under international law.

II. WHETHER RANANIA’S STRICT IMMIGRATION POLICIES,

INCLUDING MEASURES FOR CLIMATE REFUGEES, COMPLY
WITH EMIGRATION AND REFUGEE LAWS, UPHOLDING
INTENATINAL LEGAL OBLIGATIONS?
It has been humbly submitted to the court, that the ranania’s strict immigration
policies, deportation of climate refugees, complies to all the notions of the
international law.

III. WHETHER RANANIA’S CBAM VIOLATES THE PRINCPLE

OF NON DISCRIMINATION IN INTERNATIONAL TRADE LAW BY
UNFAIRLY BURDENING THE DEVELPOING COUNTRIES’
EXPORTED GOODS?
It is humbly submitted to the Hon’ble International Court of Justice that
Ranania’s CBAM violates the principle of non-discrimination in international
trade law as Non- Discrimination is a priority in the (Article 2) of General
Agreement on Trade in Services (GATS) and it is the first Article of General
Agreement on Tariffs and trade(GATT) and also under article 4 of agreement on
trade related aspects of intellectual property rights (TRIPS). CBAM violateS the

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most favored-nation rule if it imports from WTO member countries treated
differently than others based on their carbon content. For instance, least
developed countries will have less resources to reduce GHG emissions, which
will lead to higher adjustment carbon prices at the border and could potentially
place them in a disadvantaged trading position, inconsistent with the MFN
principle.

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 ARGUMENTS ADVANCED

ISSUE -1 WHETHER POLOMIAN PEOPLE DISPLACED

DUE TO NATURAL DISASTERS AND CLIMATE
CHANGE ARE NOT “REFUGEES” UNDER THE
INTERNATIONAL LAW?

1. It is humbly submitted to the court that Polomian people displaced due to natural
disasters and climate change are not refugees under international law.
2. The definition of refugee in international law is famously vague. The
Convention Relating to the Status of Refugees, 1951 defines “a refugee as an
individual who is outside his or her country of nationality or habitual residence
who is unable or unwilling to return due to a well-founded fear of persecution
based on his/her race, religion, nationality, political opinion or membership in a
particular social group.”2
3. According to UNHCR a refugee is one who “Owing to a well-founded fear of
being persecuted for reasons of race, religion, nationality, membership in a
particular social group, or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of
the protection of that country; or who, not having a nationality and being outside
the country of his former habitual residence, is unable or, owing to such fear, is
unwilling to return to it.”3

2
37 Art1, International Convenant on Civil and Political Rights
3
1967, Protocol relating to Status of Refugees

10
 4. Another definition for the term refugees is provided in Article 3 of Cartagena
Convention and Article 1(2) of 1969 Organization African Unity Convention
which extends refugee status to an Individual who “owing to external
aggression, occupation or foreign dominion of his country of origin or
nationality, is compelled to leave his place of habitual residence in order to seek
refuge in another place outside his country of origin or nationality.” This
definition of refugees doesn’t include persons who flee out of their home
country in need of resources and better livelihood, and hence climate change
cannot be taken within this sphere.
5. Therefore, even after taking into consideration various definitions of the term
refugee given under international law, no such definition includes nationals of a
state fleeing from their home country to another only for the reason of economic
persecution.
6. These definitions break down into several necessary elements that an asylum
seeker must establish. The potential refugee must establish harm that rises to the
level of persecution4. This persecution must be suffered on account of one of the
listed reasons, such as race or religion, and the asylum seeker must have a well-
founded fear of suffering actual harm upon returning to his or her native
country.5
7. The Refugee Convention relies heavily on the concept of persecution, but does
not define it. It only gives us two direct indications:
 firstly, in order to qualify as refugees a person must have risk on the grounds
of race, religion, nationality, membership of a particular social group or
political opinion”. •
 Secondly, as made clear by Article 33 GC, threats to life or freedom are
readily included within the scope of the term “persecution‟. It must be
emphasized here that the convers is not true: persecution cannot be
expressed by AtleGrahlMadsen more than forty years ago, has become
canonical in the literature and in international practice.
8. In the present case, the Polomians are not qualified with either of these two
conditions and therefore it is safe to assume that those people are not refugees
4
Article 1A(2), Convention relating to Status of Refugees
5
Article 1A(2), Convention Relating to the Status of Refugees

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 and the case was a mere instant of illegal Migration.

ISSUE 2 WHETHER RANANIA’S STRICT IMMIGRATION POLICIES, INCLUDING

MEASURES FOR CLIMATE REFUGEES, COMPLY WITH EMIGRATION AND
REFUGEE LAWS, UPHOLDING INTENATINAL LEGAL OBLIGATIONS?

1. It is humbly submitted to the court, that, Ranania’s immigration policies comply

with the emigration and refugee laws, upholding international legal obligations.
2. In this case, these polomian people can be called as the “illegal migrants”. As, A
migrant, is a person who decides to leave their country to seek a better life
elsewhere. Refugees however, are forced to leave their country because they are
at risk of, or have experienced persecution. People who choose to migrate for
economic reasons such as job opportunities, agriculture are sometimes called
“economic refugees”, especially if they are trying to escape from poor
environment and lack of resources.
3. Whereas an Asylum Seeker is a person who has fled their own country because
they are at risk is of serious human rights violations and persecution there. The
risks to their safety and life were so great that they felt they had no choice but to
leave and seek safety outside the country because their own government cannot
or will not protect them from those dangers.
4. In the instant case, the polomians will only qualify as the migrants as they did
not have a “good cause” for seeking refuge in the country and that they only
wanted a better life for themselves, hence, they can only be termed as the
“migrants”.
5. Ranania, even before the influx of refugees was prone to environmental
degradation, soaring temperatures, threatened infrastructure, coastal ecosystem
and tourism which are the vital contributors national economy 6, which in turn
has affected the vulnerable population of the country causing situations of
6
Moot Problem para no- 13,14

12
 internal conflicts between the communities posing a threat to social security.
6. If we see the present scenario of polomian refugees and Ranania, it is quite
evident that mass influx of refugees into the country would just aggravate the
situation. Even the 1951 convention7, states that, “a country can deny entry to
the people on the grounds of threat to national security” and the economic and
social instability because of the influx provides sufficient grounds for the same.8
7. For instance Section 3(1) of the Foreigners Act, 2023, states that “The Central
Government may by order make provision, either generally or with respect to all
foreigners or with respect to any particular foreigner or any prescribed class or
description of foreigner, for prohibiting, regulating or restricting the entry of
foreigners into India or their departure therefrom or their presence or continued
presence therein.”
8. Hence, it can be concluded that, the acts of Ranania are justified in applying
strict immigration policies

7
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees
8
Moot proposition para 13, 14, pg-8

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 ISSUE 3. WHETHER RANANIA’S CBAM IS WTO-COMPLIANT,
ALINGING WITH NON- DISCRIMINATION, TRADE BARRIER,
AND UNFAIR TRADE PRACTCE PROVISIONS?

1. It has been humbly submitted to the court, that Ranaina’s carbon adjustment
mechanism is WTO compliant, aligning with non-discrimination, trade barriers
and unfair trade practice provisions. As climate change becomes more acute,
every country - whether developing or developed - will have to make important
decisions on energy policy. The MFN principle under Art. 1 of GATT 9 lays
down this very principle with regards to non-discrimination.
2. The most favoured nation is a principle that ensures non-discrimination
between trading partners. Members grant to a country an advantage it has to
give advantage to all WTO members. Ensures every WTO member lowers
trade barriers or opens up markets it has to do for like goods services for all
WTO members. Regardless of the economic size or level of development of
the other countries. Though it might seem that Ranania has imposed a carbon
pricing mechanism in non rananian countries (like anamia) that have less
stringent environmental and climate policies, this principle allows for such
imposition.
3. Can WTO members apply trade restrictive measures to protect the
environment? RCBAMA creates new opportunities to promote trade
diversification in the transition to a low-carbon world. 10 Sustainable
development and protection and reservation of the environment are
fundamental goals of the WTO, according to the Marrakesh Agreement, which
established the WTO and complements the WTO objective to reduce trade

9
ARTICLE 1 of GATT, 1995
10
Brenton,Paul; Chemutai, Vicky. 2021. The trade and climate change nexus. World Bank

14
 barriers and eliminate discriminatory treatment in international trade relations.
Optimal use of world resources in accordance with the objective of sustainable
development and seeking to protect and preserve the environment fundamental
to multilateral trading systems is sought by this legislation introduced by
Ranania.
4. An exception to most favoured nation with regards to Non-discrimination is in
essence, under WTO rules, WTO members are free to adopt environmental
policies, including those related to climate change, at the level they choose,
even if these significantly restrict trade, as long as they do not introduce
unjustifiable or arbitrary discrimination or disguised protectionism and
RCBAMA aims to impose a carbon price on imported goods based on
countries’s carbon footprint, levying charges on products from countries with
weaker climate change mitigation measures. The RCBAMA aims to tackle
carbon leakage and ensure a level playing field for domestic industries in
Ranania.11
5. CBAM will equalise the price of carbon between domestic products and
imports of a selected number of products and ensure that Ranania's climate
objectives are not undermined by production relocating to countries with less
ambitious policies. The CBAM is therefore a climate measure that should
support Ranania's increased ambition on climate mitigation by preventing
carbon leakage and, while ensuring compatibility with international trade
rules.12
6. Article XX of the GATT (General Agreement on Trade and Tariffs) lists
exceptions to open trade, among them the protection of the environment. WTO
jurisprudence has regularly reaffirmed members' right to determine their own
environmental objective. Every member is free to determine its appropriate
level of protection but must do so in a coherent manner.
7. GATT Article XX on General Exceptions lays out a number of specific
instances in which WTO members may be exempted from GATT rules. Two
exceptions are of particular relevance to the protection of the environment:
paragraphs (b) and (g) of Article XX. Pursuant to these two paragraphs, WTO
11
Moot problem para 17, pg 9

12
Supra

15
 members may adopt policy measures that are inconsistent with GATT
disciplines, but necessary to protect human, animal or plant life or health
(paragraph (b)), or relating to the conservation of exhaustible natural resources
(paragraph (g)).
8. GATT Article XX on General Exceptions consists of two cumulative
requirements. For a GATT-inconsistent environmental measure to be justified
under Article XX, a member must perform a two-tier analysis proving: first,
that its measure falls under at least one of the exceptions (e.g. paragraphs (b) to
(g), two of the ten exceptions under Article XX) and, then, that the measure
satisfies the requirements of the introductory paragraph (the “chapeau” of
Article XX), i.e. that it is not applied in a manner which would constitute “a
means of arbitrary or unjustifiable discrimination between countries where the
same conditions prevail”, and is not “a disguised restriction on international
trade”.
9. RCBAMA was initiated with the same purpose to mitigate climate change and
hence is a climate measure that supports Ranania's increased ambition on
climate mitigation by preventing carbon leakage and, while ensuring
compatibility with Article XX of the GATT.13
10. US — Gasoline case, further elucidated the point where the Appellate Body
ruled that the US adopted a regulation regulating gasoline composition and
emission effects to reduce air pollution, primarily aiming for clean air
conservation and meeting the "even-handedness" requirement, as it affected
both imported and domestic products.14
11. Trade barrier Agreement on technical barriers to trade (trade barrier)

TBT Agreement pertains to technical regulations, standards, and conformity

assessment procedures, as defined in Annex 1 of the Agreement. 15 Such as
RCBAMA which is a regulation.“Technical barriers to trade” refers to the use
of the domestic regulatory process as a means of protecting domestic
producers. The TBT Agreement seeks to assure that:

13
Moot proposition para 19, pg- 10
14
United States- Standards for Reformulated and Conventional Gasoline, Brazil & Venezula v United
States, Report of the appellate Body, DSR 1996:I, 3, 29th April 1996, World Trade Organization
15
https://www.wto.org/english/res_e/publications_e/ai17_e/tbt_ann1_jur.pdf

16
 (1) mandatory product regulations

(2) voluntary product standards,

(3) conformity assessment procedures (procedures designed to test a product’s

conformity with mandatory regulations or voluntary standards)16

12. TBT Agreement seeks to balance two competing policy objectives:

o The prevention of protectionism
o the right of a Member to enact product regulations for approved
(legitimate) public policy purposes (i.e., allowing Members sufficient
regulatory autonomy to pursue necessary domestic policy objectives)
means of protecting their industries. These means of protection frequently
take the form of non-tariff barriers (i.e., means other than tariffs for
protecting business sectors).
13. Article 2.217 outlines legitimate TBT objectives, including protection of
life/health, safety, national security, environment, and prevention of deceptive
marketing practices.
14. The TBT Agreement seeks to achieve a fine balance between permitting
Members the regulatory autonomy to protect legitimate interests (through the
use of technical regulations, standards and conformity assessment procedures)
and assuring that technical regulations, standards and conformity assessment
procedures do not become unnecessary obstacles to international trade.
15. Developing countries are concerned that trade measures (technical regulations
and standards) ostensibly implemented by developed countries for social policy
purposes may be used for protectionist purposes. But Ranania has implemented
these measures to address air pollution, water contamination, and the loss of
green space have all had a negative impact on public health and quality of life.
And hence requires strict environmental regulations, as well as investments in
cleaner technologies and practices that are long-term. Lastly, The CBAM will
equalise the carbon price between domestic products and imports of a limited
number of products, ensuring that Ranania's climate goals are not jeopardised

16
https://unctad.org/system/files/official-document/edmmisc232add22_en.pdf
17
Article 2.2 agreement on technical barriers to trade

17
by production shifting to countries with less ambitious policies.

PRAYER

Wherefore in the light of the issues raised, arguments advanced and

authorities cited, it is humbly prayed that this Hon’ble Court maybe be
pleased to adjudge and declare that:

1. Polomian people displaced due to natural disasters and climate

change be deemed as “refugees” under the international law.
2. Ranania’s strict immigration policies, including the denial of
entry or forcible deportation of climate refugees does violate
the principle of non-refoulment and endanger the lives of
climate refugees.
3. Ranania’s CBAM violates the principle of non-discrimination
in international trade law by unfairly burdening developing
countries’ exported goods.

The Applicant additionally prays that the Hon’ble Court may pass any
order as it deems fit inthe interest of justice, equity& good conscience.

And for this the Applicant shall duty

bound, ever pray

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 Respectfully submitted by,
(Counsel(s) for the
Applicant State)

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